By: Audrey Raymonda John
Jose Ignacio Castelluchio and Zdravko Voglar on Monday 16 October 2023 made another appearance before Magistrate Mark Ngegba of Pademba Road Court no 1 over an alleged gold theft.
The two defendants were arraigned before the court on four counts charges ranging from fraudulently conversion contrary to section 20(1(iv) (a) of the larceny Act 1916, conspiracy to commit a felony contrary to law, store breaking and larceny contrary to section 26(1) of the larceny Act 1916 and Larceny contrary to section 13 of the larceny Act 1916.
According to the charge sheet, the first defendant Jose Ignacio Castelluchio on a date unknown between the 1st December and the 31st December 2022 in Mamanki, Tonkolili district fraudulently converted to his own use 700 grams of gold, valued $47,750 entrusted to him by Mary Jartu Kosia and Abubakarr Sidikie Koroma.
It was further alleged on counts two that Jose Ignacio Castelluchio on a date unknown between 20th and 23rd January 2023, in Magburuka, district conspired together to commit a felony to wit house breaking and larceny.
Counts three further stated that both defendants Jose Ignacio Castelluchio and Zdravko Voglar on the 4th February 2023, broke and entered into the store of Abubakarr Koroma and stole 100 grams of gold valued $65,000, and also stole twenty gallons of Diesel valued at NLe 1,720/00 property of both complainants.
Whiles counts four stated that the two defendants in diverse dates between 1st February 2023 and 31st March 2023, in Mamanki Tonkolili district Northern province stole 230 gallons of Diesel valued at NLe 19,780/00 all properties of the complainants.
Led in evidence by Lawyer H. M Geavo, the witness Abubakarr Koroma recognized both defendants as business partners and also recall between the 1st and 31st December 2022.
He added that between those days he was at his site doing his mining work as he usually mines gold.
He said while working the complainant Jartu Koisa went with both defendants saying that they would love to do business with them.
He said both defendants stated that they need proof of the gold they mine and they need seven hundred (700) grams of gold per day for seven days which sum up to six thousand dollars ($6000) as payment for the said gold.
The witness further that they then started the work and on the first day after mining the gold they process it and they weight 100 grams even though they had more.
He continue that after some days he the defendant the 700 gram of gold as per agreement and they made a document and the first defendant left the country with the $700 grams of gold and upon his returned he did not come back with the gold neither the money to pay for the gold.
He said they asked him for the money of the gold and he said the money is on the way but as time goes by he did not receive the money.
Witness Koroma further that he still went to his mining site and continue his mining and he was able to gather 1000 grams of gold again and both defendant ask them to sell the gold to them but he refused and called Jartu Koisa informing her that the first gold they sold to the defendant they have not receive any money from them and now they are asking them to sell another gold to them.
He said Jartu then told both defendant to return the gold but they kept on insisting that they will pay the money for the first gold.
He said after the discussion he then gave the one thousand carat gold to Sabriel for him to sell it.
He said while Sabriel was on his way both defendant went to the check point and informed the police officers that Sabriel is with some gold and he did not have document for mining gold.
He said Sabriel was stop at the check point and he called him on his cell phone and he spoke with the police and after that Sabriel return home again with the gold.
He said while at home the defendant started to harass him and Sabriel to sell the gold to them but they refuse since they all rented different apartment in the same compound.
He said the defendant then handed over to him $1000 as payment for the first gold he gave them and he placed the money and the gold in his drawer and he and Sabriel went out.
He said upon their return at the gate the defendant refused to open the gate and he call them on their cell phone but they refused to respond.
He said later the gate was open and when he entered he met the front door of his house broken apart and when he asked the defendant they said it is there place and they have the right to break the door.
He further that he went to make a report at the police station and the police officers entered the house and they all noticed that the $1000 was gone that was kept in his drawer.
He continues that the police took photos of the place and they went to the police station.
The witness continue that on 4 February 2023, both defendant went to Makakie where his mining site is located and both defendant took his sixty-five batter of diesels from the container and they gave it to an unknown person.
He said he made statement at the police station and both defendants handed over the said rubber of diesel to him.
During cross examination by defense Counsel S I Koroma, the witness was asked about the ownership of the gold and he responded that he is the owner.
He was asked again if the said incident took place in January or February and he responded that he could not remember.
The witness in respond to another question said he did not sell gold on a daily basis.
The witness also said the transaction between him and the defendant was made at his site.
Defense Counsel also asked the witness if he has a document that was signed during the transaction and he said yes but did not bring it to court but promise to make it available to the court on the next adjourned date.
The witness also confirms that the documents was prepared and signed by four of them.
At this juncture, Lawyer Gaveo informed the Magistrate that the passports of the accused persons present in court are Sierra Leoneans passports and not their original passports.
Magistrate Ngegba therefore stated that the accused should submit all traveling documents before the court.
The accused are on bail and the matter was adjourned to 25th October, 2023 for further hearing.